Not possible to apply for restoration. This is only feasible within 90 days of falling out of status. OP has been out of status for 1.5 years (give or take).
I'm an immigrant. What do I do?
- Thread starter Smoofy
- Start date
Well, it does suck that no matter what I HAVE to go back to the US, considering there isn't a place to stay for me. It'd be even harder to leave my son, and husband.
Thank you everyone for your replies. They were both educational, and very helpful on getting my mind on the right track on what to do.
Thank you everyone for your replies. They were both educational, and very helpful on getting my mind on the right track on what to do.
No - you don't have to go back to the US. No one here has said that. I would recommend you read through the responses again more carefully.
Your husband can sponsor you for PR while you remain in Canada (and provided he's not on welfare). However it's going to be many months before you qualify for a work permit.
There is no path that gets you a work permit fast.
I was born and raised in the US, so I am an American citizen. Also have a renewed, and up-to-date US passport. About the restoration of status..do you mean restore my initial 6 month visitation time while I'm here?
Ah Imust have mistook 21gooses reply differently the when he said,"
"Don't worry about being separated from your family. Assuming you don't have a criminal record, your case really isn't that uncommon, and it's usually a routine process to become a PR."
You can't restore your status. You have been out of status for too long. This was only possible within 90 days of falling out of status - you are well past that.
Is there anything she can do in Canada without first restoring her status? Even if she is not eligible. She can still apply. I believe if she can demonstrate reasonable grounds why she was out of status.She maybe fortunate. I found this scenario;
If the applicant not eligible for restoration
The Minister’s delegate decides on a disposition for the case. The following options are available:
- refer the case to an admissibility hearing,
- issue a departure order, or
- allow the foreign national to remain.
IMO she does NOT want to trigger the Minister's delegate decision process. This would be incredibly risky if her priority is not to leave Canada and not to have issues re-entering Canada. This brings the risk that a departure order will be raised and she will then be forced to leave (or it will turn into a deportation order within 30 days which will then require an ARC to return and make the PR process more complicated). Better to lay low in that case - really, the best option is to have her husband sponsor her for PR as soon as possible.
I agree Scylla. I just realize she may be waived of the valid temporary resident status.
Under the spouse or common-law partner in Canada class.
Members of the spouse or common-law partner in Canada class must meet all of the following:
- be the spouse or common-law partner of sponsor, and live in Canada with sponsor
- have valid temporary resident status in Canada (this regulatory requirement may be waived under the spousal public policy)
- be the subject of a sponsorship application
Nothing needs to be waived. Valid status is not required to be sponsored. This has been stated several times already on this thread.
The discussion around status is related to the work permit discussion. She is not eligible for the work permit for inland applicants until she has AIP for a PR application.
She is eligible to apply for PR, but not receive the early OWP.
As said above, she shouldn't try to trigger a minister's delegate decision in any way.
A person does not need to have valid status in Canada in order to be sponsored by their spouse. There's absolutely no need to fix her status before applying. She is fine to apply while out of status. Many on this forum have done so successfully.
Yes - I meant that you will NOT be separated from your family while you go through the sponsorship process.